AHMAD OMAR SHEIKH vs GOVERNMENT OF SINDH through Chief Secretary S — 2022 YLR 217 KARACHI-HIGH-COURT-SINDH

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AHMAD OMAR SHEIKH VS GOVERNMENT OF SINDH through Chief Secretary S. 3---anti-Terrorism act (XXVII of 1997), Ss. 11-EEE, 11-EE & Fourth Sched.--- Constitution of Pakistan, art. 199---Constitutional petition---Power to arrest and detain suspected persons---Proscription of persons---Scope---Petitioners challenged three separate preventive detention orders (PDOs) issued by the Provincial Government for a period of three months one after the other and a notification placing the names of petitioners on the Fourth Sched. of the anti-Terrorism act, 1997---Validity---Petitioners were earlier convicted for the kidnapping and murder of an american journalist, however, later on except one all were acquitted---Upon announcement of the acquittal order, the Government issued successive PDOs---Petitioners, for the last 18 years, had been in jail either as under trial prisoners or convicts---During this time no material had come on record that any of the petitioners were associating themselves with any banned organization or proscribed person through prison visits, intercepts, video recordings, etc.---If the petitioners were regarded so dangerous terrorists then why were their names not put on the Fourth Sched. prior to the abduction and murder in the year 2002---Names of petitioners were only placed on the Fourth Sched. to justify their detention under S.11-EEE, anti-Terrorism act, 1997, despite there being no material before the Provincial Government to show that any of the petitioners belonged to a banned organization or would involve himself in terrorist acts on his release---Even the reasons for placing the names of petitioners on the Fourth Sched. were spurious and without justification---Third Preventive Detention Order (PDO) was struck down as being illegal and issued without lawful authority---Notification placing the petitioners in the Fourth Sched. was also struck down as having been issued without lawful authority and on account of mala fides---Petitioners were directed to be released forthwith and were not to be detained under any further PDO without the permission of the High Court---Constitutional petition was allowed, in circumstances.

AHMAD OMAR SHEIKH vs GOVERNMENT OF SINDH through Chief Secretary S — 2022 YLR 217 KARACHI-HIGH-COURT-SINDH

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